2.21.8011 POLICY AND OBJECTIVES
(1) It is the policy of the state of Montana that employees who have
attained permanent status may file a grievance as provided in these rules,
unless the employee is covered by a grievance procedure provided under a collective
bargaining agreement or a statutory grievance procedure.
(2) It is the objective of this policy to provide minimum standards for the
procedure to be used to adjust grievances filed by eligible employees.
(3) The department of administration delegates the authority to each
executive branch department to adopt an internal grievance procedure. An internal grievance procedure must be consistent
with the provisions of this policy and at a minimum include all steps contained
in ARM 2.21.8017. Additional steps may
be added, forms may be included, and timeframes may be modified at the
(4) An employee shall file a grievance under a procedure adopted by the
department, if available. If the
department has not adopted a procedure, the employee shall proceed under this policy.
(5) Incidents of sexual harassment must be reported using the procedure in
the sexual harassment prevention policy, found at ARM 2.21.1305 (also found at
policy 3-0620, Montana operations manual, volume III) .
(6) Incidents that are alleged to be in violation of the Americans with
Disabilities Act (ADA) of 1990 must be reported using an ADA complaint
resolution procedure if such a procedure has been adopted by a department. Otherwise, the employee shall proceed under
(7) Nothing in this policy precludes an employee who is alleging unlawful
discrimination from concurrently exercising any statutorily-protected right to
timely file a complaint with a civil rights enforcement agency.
(8) A job classification appeal must be resolved through the procedure
adopted by the board of personnel appeals at ARM 24.26.501 et seq., and may not
be filed under any other grievance procedure.
History: Sec. 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 1988 MAR p. 2559, Eff. 12/9/88; AMD, 1991 MAR p. 352, Eff. 3/29/91; AMD, 1994 MAR p. 1421, Eff. 5/27/94; AMD, 1997 MAR p. 1448, Eff. 8/19/97.